U.S. BANK NAT. ASS'N v. MANZO

No. 1-10-3115.

960 N.E.2d 1238 (2011)

356 Ill. Dec. 115

U.S. BANK NATIONAL ASSOCIATION, as Trustee for the Structured Asset Investment Loan Trust 2006-1, Plaintiff-Appellee and Counterdefendant-Appellee, v. Ezequiel MANZO and Cecelia Yepez, Defendants-Appellants (Ezequiel Manzo and Cecelia Yepez, Counterplaintiffs-Appellants; BNC Mortgage, Inc., Third-Party Defendant).

Appellate Court of Illinois, First District, Fourth Division.

November 10, 2011.


Attorney(s) appearing for the Case

Lloyd Brooks , Charles M. Howell , The Brooks Law Firm, Homewood, for Appellants.

Robert J. Emanuel , Joanne A. Sarasin , Melinda J. Morales , Much Shelist Denenberg Ament & Rubenstein, P.C., Chicago, for Plaintiff-Appellee.


OPINION

Justice FITZGERALD SMITH delivered the judgment of the court, with opinion.

¶ 1 Ezequiel Manzo and Cecelia Yepez (hereinafter the Manzos), defendants and counterplaintiffs, appeal the circuit court's dismissal of their affirmative defense, counterclaim and third-party complaint pursuant to section 2-619 of the Illinois Code of Civil Procedure (Code of Civil Procedure) (735 ILCS 5/2-619 (West 2008)). The circuit court held that the Manzos' right...

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